Social Security FAQ

Nancy B. Amick has been representing disabled claimants before the Social Security Administration for over twenty years. She understands her client's frustrations when they are denied disability benefits after having paid into the system for so long. She understands how frustrating dealing with the government can be. She makes sure each of her clients receives compassionate, diligent and personalized service.

Nancy is a sustaining member of the National Organization of Social Security Claimants Representatives (NOSSCR). She hopes the following list of Frequently Asked Questions will be helpful to you.

1. How does the Social Security Administration determine whether a Claimant is disabled?

Federal law defines disability as inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months. Extensive federal statutes and regulations further set out how the government determines whether or not an individual meets this definition. The test is not met simply because an individual has a medical problem and/or cannot find a job.

2. Who is eligible for Social Security Disability (SSDI)?

Social Security Disability Income (SSDI) is an insurance policy. If you worked at jobs under which you paid Social Security, you paid into the system. In order to be eligible for Social Security Disability, in addition to meeting Social Security's definition of disability, you must have paid into the system a certain amount of money for each of 20 out of the 40 calendar year quarters immediately preceding the date in which you became disabled. Additionally, a disabled widow or widower (over the age of 50) may be eligible on the work record of the deceased spouse. Minor children and adult disabled children may be eligible for benefits on the work record of a deceased parent.

3. Who is eligible for Supplemental Security Income (SSI)?

Supplemental Security Income (SSI) is a needs based program for disabled adults and disabled children. The disability requirements are the same as SSDI. However, it is not necessary to have paid into the Social Security insurance system. The Social Security Administration will consider your needs, your assets and your resources. If both are below a certain level, you may be eligible to receive SSI if you are disabled.

4. How do I apply for Social Security Disability benefits?

You may apply for Social Security Disability at any local Social Security Administration or by telephone.

5. What should I do if I am turned down?

If your claim is initially denied by the Social Security Administration, you have the right to appeal the denial by requesting a reconsideration. You must do this within 60 days of the date of the initial denial. Unfortunately, most persons who were turned down at the initial level are also turned down at reconsideration. Do not be discouraged. You have the right to appeal again or by requesting a hearing before an administrative law judge. It is important to make every appeal within 60 days of the date on the letter of denial which was sent to you. Additionally, it is critical that you keep the Social Security Administration appraised of your current address while your case is pending.

6. What happens at a hearing?

The hearing is your opportunity to speak directly to the person who is making the decision on your case. Persons at the hearing will include the administrative law judge, his assistant who will record the hearing, you, your lawyer (if you have one) and possibly a vocational expert called by the government or a medical expert called by the government. The hearing will be recorded. You will be asked questions by the administrative law judge and by your attorney, if you have one. You have the right to ask questions of any experts who are called by the Social Security Administration (medical experts or vocational experts).

7. Do I need a lawyer?

You are not required to have a lawyer. However, statistics show that more applicants have a lawyer at the hearing stage than do not.

8. What will a lawyer do for me?

Every individual and his/her case is different. However some of the things a lawyer might do in representing you include the following:

A. Help determine what benefits you may be eligible for and whether you are likely to be considered disabled under Social Security Law.

B. Assist you in completing all necessary forms and paper work.

C. Gather all your medical records from your doctors.

D. Ask your doctors for additional information regarding your limitations and disabilities as needed.

E. Explain the general proceedings which take place at Social Security hearings.

F. Meet with you before your hearing to advise you as to questions and issues that may arise at your hearing.

G. Represent you at your hearing and present evidence on your behalf.

H. Deliver an opening statement on your behalf.

I. Question any experts such as vocational experts or medical experts called to testify.

J. Request that a prior application be reopened and reconsidered, if possible.

9. How is my lawyer paid?

We do not collect any attorney's fees unless your case is won. If we win, our fees are 25% of your back benefits, with a cap which is set by statute, currently $5,300.